Chardin v. Police Commissioner of Boston, et al. (Lawyers Weekly No. 10-096-13)
Second Amendment challenge to Massachusetts statute permanently disqualifying juveniles adjudicated delinquent for felonies from obtaining firearm licenses. Affirmed.
SJC Opinions
Leder v. Superintendent of Schools of Concord & Concord-Carlyle Regional School District, et al. (Lawyers Weekly No. 10-095-13)
Private party cannot seek civil rescission of municipal action under ethics law without State Ethics Commission finding of violation and municipal agency's request for rescission.
Wheatley v. Massachusetts Insurers Insolvency Fund (Lawyers Weekly No. 10-094-13)
Insolvency fund subject to consumer protection liability and must pay attorney's fees when plaintiff prevails in consumer action.
Commonwealth v. Santana (Lawyers Weekly No. 10-093-13)
Murder convictions affirmed despite claims of Miranda violations, improper interrogation after invocation of right to silence, Brady violation regarding witness identification, and Fourth Amendment issues with evidence seizure.
Commonwealth v. Akara (and 17 companion cases) (Lawyers Weekly No. 10-092-13)
Defendants convicted of first-degree murder for shooting on MBTA train that killed unborn child. Joint venture liability affirmed where evidence supported either defendant as shooter with knowing assistance from other.
Commonwealth v. Almonte (Lawyers Weekly No. 10-091-13)
Murder conviction affirmed where defendant's DNA matched victim's, witnesses placed him at scene, and he possessed victim's stolen car.
Taylor, et al. v. Eastern Connection Operating, Inc. (Lawyers Weekly No. 10-088-13)
Couriers in New York sued Massachusetts company for misclassification and wage violations. Contract's choice-of-law clause for Massachusetts law is valid and enforceable despite workers' out-of-state location.
Commonwealth v. Ventura (Lawyers Weekly No. 10-089-13)
Sex offender must register only by conviction of enumerated offense; judge lacks authority to impose registration as condition of probation or revoke prior relief order.
Commonwealth v. Suero (Lawyers Weekly No. 10-090-13)
Defendant convicted of both statutory rape and indecent assault of child under fourteen based on single criminal act. Convictions duplicative; lesser included offense conviction vacated.
Klairmont, et al. v. Gainsboro Restaurant, Inc., et al. (Lawyers Weekly No. 10-087-13)
Consumer Protection Act liability for decades of knowing building code violations at commercial establishment; claim survives death of decedent; remanded for proper damages calculation.